Articles

About ArticlesThe below articles are published by the Child and Youth  Law Section of the Ontario Bar Association. Members are encouraged to submit articles. About Articles

Editor: Jean-Frederic Hubsch

Today
Today

Children, Youth, and Climate Change: The Latest Decision in Mathur v. Ontario 

  • November 04, 2024
  • Laura Pettigrew, member-at-large, OBA Child & Youth Law Section

In October 2024, the Ontario Court of Appeal allowed an appeal in Mathur v Ontario, an ongoing youth-led climate case. The Court found that the Province voluntarily assumed a positive statutory obligation to combat climate change, meaning its target and plan need to be Charter compliant. Although the Court allowed the appeal, it declined to decide the application and instead remitted the matter for a new hearing before the same or another justice of the Superior Court.

Child and Youth Law, Student Forum

What Are You Doing for National Child Day?

  • October 25, 2024
  • Jean-Frédéric Hübsch, newsletter editor, Child & Youth Law Section

A quick tour of ways to celebrate National Child Day and World Children's Day on November 20. Child Day is an opportunity to learn more about children's rights and, in 2024, to commemorate the 35th anniversary of the ratification of the Convention on the Rights of the Child.

Child and Youth Law, Student Forum

Case Commentary: ASP v. Health Professions Appeal and Review Board 2024 ONSC 438

  • October 25, 2024
  • Dania Bajwa, JD candidate, Lincoln Alexander School of Law, Toronto Metropolitan University

On August 7th, 2024, the Divisional Court of the Ontario Superior Court of Justice released an important decision affirming the rights of children with capacity to make decisions about their own health care under Ontario’s Health Care Consent Act, 1996. This decision marks a pivotal moment in the province’s recognition of capable children’s indisputable right to consent to medical treatments.

Child and Youth Law, Health Law, Student Forum

Ontario’s Non-Existent Duty of Care to Children Injured Preconception

  • October 25, 2024
  • Dania Bajwa, JD candidate, Lincoln Alexander Law School, Toronto Metropolitan University

This essay by a former summer student at Justice for Children and Youth argues that children should be able to recover damages from doctors for the negative lifelong consequences of medical decisions made preconception. The author looks to past and recent Ontario cases, including a strong dissent in Florence v Benzaquen, 2021 ONCA 523, to argue that the law is not settled in this area. The views expressed in this essay are those of the author only.

Child and Youth Law, Student Forum

Rights Unrecognized: Mia’s Story

  • May 27, 2024
  • Laura Pettigrew

The article discusses the Ontario Ombudsman's investigative report entitled "Rights Unrecognized: Mia's Story."

Child and Youth Law, Student Forum

Parents, Schools and Children's Rights

  • March 27, 2024
  • Brittany Ross-Fichtner

Discussion of a February 27, 2024 program held by the University of Ottawa’s Interdisciplinary Research Laboratory on the Rights of the Child titled, “Parents, Schools and Children's Rights."

Child and Youth Law, Student Forum

Manitoba’s FASD Justice Program

  • December 20, 2023
  • Laura Pettigrew

The article summarizes a discussion about Manitoba's FASD Justice Program that occurred during the October 20, 2023 Child and Youth Law and the Youth Criminal Justice Act Online Symposium organized by the Canadian Bar Association's Child and Youth Law Section.

Child and Youth Law, Student Forum